DUI Hit & Run

[Keith Carter]

Driving home from a restaurant Saturday night my girlfriend(Kim), her neighbor(Heather), and I were hit by a drunk driver while in my Jeep Cherokee. She was approximately doubling our speed when she rear ended us and lifted up the back end of the truck causing us to go off the road and flip into a ditch where we were stopped by a telephone pole. Luckily the steel roof rack I had on my truck absorbed most of the impact from the pole and the roof wasn't caved in too far. I was able to get out and get help while my girlfriend and her neighbor were still trapped in my overturned Jeep. It took the fire department almost 20 minutest to get the girls out safely and then we were all rushed to the hospital. Kim's neighbor, Heather was injured the worst with glass embedded in her scalp and ankle and possibly torn vertabrate ligaments (which may require surgery) in her neck along with numbness in her left arm and a sprained back. Kim and I had suffered a sprained neck with minor cuts and bruises along with Kim having a diagnosed sprained back. The women who hit us fled the scene after running her own car into a ditch about 350ft. after the point of impact. We have a witness' statement that talked to the woman who hit us as she was running away that said that she told her, "I'm drunk, I've got to get out of here". The police found her car and located her address by tracing her license plate. Within 10 minutes of the accident, the woman was arrested and charged with Aggrivated DUI (she blew a .22 breathalyzer which is almost 3x the legal limit) and faces 1-3 years in prison. Now I've got to see what the insurance company will give me before I can hurry up and find my same exact Cherokee before they're all gone since they stopped producing the Cherokee Sport. Anyone know a good personal injury lawyer?

[Daniel]

Sorry to hear about the accident but glad no one was more seriously hurt (or killed). I do not know anyone in Illinois other than a patent lawyer in Chicago. I will offer a few tips on finding a good lawyer and then making sure he doesn't screw you.

First, ask around. Word of mouth is probably the best way to find a good lawyer. Ask your neighbors, co-workers, banker, insurance agent, family, the legal referal service, etc. Who have they used, were they satisfied, did he/she keep them timely informed about the case, was the fee fair? The best lawyers usually do not advertise, they don't have to. Firms that advertise alot are usually volume shops and you may get lost in the stack of case files. If there is a law school near you, call and ask them for some names.

I do not know anything about your state's tort law or insurance requirements but in SC you would have a pretty solid case. The reason I point out the obvious is to suggest that this doesn't sound like a case where a contingency fee arrangement would be appropriate. A good lawyer will give you a free consultation (usually 30 minutes to an hour) where you give him/her the facts, they give you an opinion on what to expect and explain their fee structure. Then you decide if you want to hire them. Pay very close attention to the fee structure, do they want it hourly or on contingency? Are expenses such as copies, phone calls, travel time, gas, secretarial work, postage, etc. included or on top of the hourly rate or contingency percentage? (Some expenses are always extra, such as expert witnesses.) If you go with a contingency fee, is the percentage lower if the case is settled prior to trial (it should be)? Are expenses taken out of the settlement amount before or after the lawyer's fee (should be before)? Is there a charge for handling any appeal that arises, yours or the other party's? Unless you get a solid referral from a trusted source and you are happy after the consultation, shop around, it can't hurt to hear a few different opinions or fee structures. Once you decide on someone get a signed representation agreement that spells out the fee agreement.

You and Heather should definately have different attorneys because your interests are not the same, she COULD end up suing you. You may want Kim to have a different attorney for the same reason. If you become an adversary to someone you thought was on your side you do not want them to know what your lawyer knows. Depending on the law in your state, your lawyer may refuse to represent you and the girls. Ask the attorney about this, but not in front of the girls.

Be an informed consumer. Don't get confused by legalease. If the attorney pukes up some term you don't understand, make him/her explain it. I am not trying to give you legal advice (I'm not licensed in your state and do not do trial work anyway). I'm just suggesting some things to think about. [img]smile.gif[/img]

BTW, if your county has a victims' assistance program you should contact them about the case and get them to help you make sure the prosecutor doesn't let the bi**h who hit you slip into some type of pre-trial intervention program. Good luck and a speedy recovery to you all. [img]smile.gif[/img]

[ August 25, 2001: Message edited by: Daniel ]

[Tab]

Keith, sorry to hear about the accident. Fortunately no one was killed which is usually the case with a drunk driver it seems. Glad your ok and the girls. Good luck.

[JHaydon]

Keith, I am relived to hear that you & your friends are not in worse shape. It reminds me to think twice before opening that beer after loading the racecar Sunday night.

Whyte Hirschboeck Dudek (pronounced white, hirshbeck, doodeck) in Milwaukee (pronounced millee-wa-kay) can at least refer you to a good lawyer in your area. This is my father's law firm (though he's an estate planning attorney), and they are very good.
414-273-2100 is their general switchboard.

Good luck, and I hope all injuries clear up soon!